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Mental Health (Scotland) Act 1984
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- 1984 c. 36
- Part IV
- Section 12
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Version Superseded: 01/04/2002
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- 01/02/1991- Amendment
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- 05/10/2005- Amendment
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12 Registration of private hospitals.S
(1)Every private hospital within the meaning of this Act shall be registered and the following provisions of this Part of this Act shall apply to the registration, conduct and inspection of such hospitals.
(2)In this Act “private hospital” means any premises used or intended to be used for the reception of, and the provision of medical treatment for, one or more patients subject to detention under this Act (whether or not other persons are received and treated), not being—
(a)a hospital vested in the Secretary of State [F1or managed by a National Health Service trust established under section 12A of the National Health Service (Scotland) Act 1978];
(b)a State hospital; or
(c)any other premises managed by a Government department or provided by a local authority.
(3)Application for registration of premises as a private hospital shall be made in writing to the Secretary of State by or on behalf of the person proposing to carry on the hospital and the application shall be accompanied by a fee of £1.
(4)Subject to section 13 of this Act, the Secretary of State may register the premises named in the application as a private hospital and issue to the person proposing to carry on the hospital a certificate in that behalf (in this Act referred to as “a certificate of registration”).
(5)A certificate of registration shall specify the maximum number of persons who at any one time may receive care or treatment in the hospital to which the certificate relates, and such conditions as the Secretary of State may consider appropriate for regulating the category of patients who may be received into the hospital.
(6)A certificate of registration shall lapse on the expiration of a period of 5 years from the date of issue, but shall be renewable on a fresh application.
(7)A certificate of registration shall be kept fixed conspicuously in the hospital to which it relates and if this requirement is not complied with the person carrying on the hospital shall be guilty of an offence under this Part of this Act.
Textual Amendments
F1Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 66(1), Sch. 9 para. 28(2)
Modifications etc. (not altering text)
C1Power to amend s.12(3) conferred by Local Government (Scotland) Act 1966 (c. 51, SIF 81:2), s. 42(2), Sch. 4 Pt. II
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